(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service. (3) A dated shipping label, invoice, or receipt from a commercial carrier. (4) Any other proof of mailing acceptable to the Secretary. (e) If an application is mailed through the U.S. Postal Service, the Secretary does not accept either of the following as proof of mailing: (1) A private metered postmark. (2) A mail receipt that is not dated by the U.S. Postal Service. (Authority: 20 U.S.C. 1221e-3 and 3474) NOTE: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, an applicant should check with its local post office. [45 FR 22497, Apr. 3, 1980, as amended at 51 FR 20824, June 9, 1986] (b) How does the Secretary establish annual priorities? (1) The Secretary establishes final annual priorities by publishing the priorities in a notice in the FEDERAL REGISTER, usually in the application notice for that program. (2) The Secretary publishes proposed annual priorities for public comment, unless: (i) The final annual priorities will be implemented only by inviting applications that meet the priorities (Crossreference: See 34 CFR 75.105(c)(1)); (ii) The final annual priorities are chosen from a list of priorities already established in the program's regulations; (iii) Publishing proposed annual priorities would seriously interfere with an orderly, responsible grant award process or would otherwise be impracticable, unnecessary, or contrary to the public interest; (iv) The program statute requires or authorizes the Secretary to establish specified priorities; or (v) The annual priorities are chosen from allowable activities specified in the program statute. (c) How does the Secretary implement an annual priority? The Secretary may choose one or more of the following methods to implement an annual priority: (1) Invitations. The Secretary may simply invite applications that meet a priority. If the Secetary chooses this method, an application that meets the priority receives no competitive or absolute preference over applications that do not meet the priority. (2) Competitive preference. The Secretary may give one of the following kinds of competitive preference to applications that meet a priority. (i) The Secretary may award some or all bonus points to an application depending on the extent to which the application meets the priority. These points are in addition to any points the applicant earns under the selection criteria (see §75.200(b)). The notice states the maximum number of additional points that the Secretary may award to an application depending upon how well the application meets the priority. (ii) The Secretary may select an application that meets a priority over an application of comparable merit that does not meet the priority. (3) Absolute preference. The Secretary may give an absolute preference to applications that meet a priority. The Secretary establishes a separate competition for applications that meet the priority and reserves all or part of a program's funds solely for that competition. The Secretary may adjust the amount reserved for the priority after determining the number of high quality applications received. * (Authority: 20 U.S.C. 1221e-3 and 3474) [46 FR 3205, Jan. 14, 1981, as amended at 57 FR 30337, July 8, 1992; 60 FR 63873, Dec. 12, 1995] §75.112 Include a proposed project period and a timeline. (a) An application must propose a project period for the project. (b) An application must include a narrative that describes how and when, in each budget period of the project, the applicant plans to meet each objective of the project. (Approved by the Office of Management and Budget under control number 1875-0102) (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994] An applicant that proposes a multiyear project shall include in its application: (a) Information that shows why a multi-year project is needed; (b) A budget narrative accompanied by a budget form prescribed by the Secretary, that provides budget information for each budget period of the proposed project period. (Approved by the Office of Management and Budget under control number 1875-0102) (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 30261, June 10, 1994] $75.118 Requirements for a continuation award. (a) A recipient that wants to receive a continuation award shall submit a performance report that provides the most current performance and financial expenditure information, as directed by the Secretary, that is sufficient to meet the reporting requirements of 34 CFR 74.51, 75.590, 75.720, and 80.40. (b) If a recipient fails to submit a performance report that meets the requirements of paragraph (a) of this section, the Secretary denies continued funding for the grant. (Approved by the Office of Management and Budget under control number 1875-0102) (Authority: 20 U.S.C. 1221e-3(a)(1) and 3474) CROSS REFERENCE: See §75.117 Information needed for a multi-year project, and §§ 75.250 through 75.253 Approval of multi-year projects, §75.590 Evaluation by the recipient, $75.720 Financial and performance reports, $74.51 Monitoring and reporting program performance, and §80.40 Monitoring and reporting program performance. [59 FR 30261, June 10, 1994, as amended at 64 FR 50391, Sept. 16, 1999] $75.119 Information needed if private school students participate. If a program requires the applicant to provide an opportunity for participation of students enrolled in private schools, the application must include §75.125 Submit a separate application to each program. An applicant shall submit a separate application to each program under which it wants a grant. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27803, July 24, 1987; 60 FR 46493, Sept. 6, 1995] §75.126 Application must list all programs to which it is submitted. If an applicant is submitting an application for the same project under more than one Federal program, the applicant shall list these programs in its application. The Secretary uses this information to avoid duplicate grants for the same project. (Authority: 20 U.S.C. 1221e-3 and 3474) (1) Designate one member of the group to apply for the grant; or (2) Establish a separate, eligible legal entity to apply for the grant. (b) The members of the group shall enter into an agreement that: (1) Details the activities that each member of the group plans to perform: and (2) Binds each member of the group to every statement and assurance made by the applicant in the application. (c) The applicant shall submit the agreement with its application. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.129 Legal responsibilities of each member of the group. (a) If the Secretary makes a grant to a group of eligible applicants, the applicant for the group is the grantee and is legally responsible for: (1) The use of all grant funds; (2) Ensuring that the project is carried out by the group in accordance with Federal requirements; and (3) Ensuring that indirect cost funds are determined as required under § 75.564(e). (b) Each member of the group is legally responsible to: (1) Carry out the activities it agrees to perform; and (2) Use the funds that it receives under the agreement in accordance with Federal requirements that apply to the grant. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 59 FR 59581, Nov. 17, 1994] STATE COMMENT PROCEDURES 875.155 Review procedures if State may comment on applications: Purpose of §§ 75.156–75.158. If the authorizing statute for a program requires that a specific State agency be given an opportunity to comment on each application, the State and the applicant shall use the procedures in §§ 75.156-75.158 for that purpose. (Authority: 20 U.S.C. 1221e-3 and 3474) CROSS REFERENCE: See 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities) for the regulations implementing the application review procedures that States may use under E.O. 12372. [57 FR 30338, July 8, 1992] $75.156 When an applicant under $75.155 must submit its application to the State; proof of submission. (a) Each applicant under a program covered by §75.155 shall submit a copy of its application to the State on or before the deadline date for submitting its application to the Department. (b) The applicant shall attach to its application a copy of its letter that requests the State to comment on the application. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.157 The State reviews each application. A State that receives an application under §75.156 may review and comment on the application. (Authority: 20 U.S.C. 1221e-3(a)(1) and 3474) §75.158 Deadlines for State comments. (a) The Secretary may establish a deadline date for receipt of State comments on applications. (b) The State shall make its comments in a written statement signed by an appropriate State official. (c) The appropriate State official shall submit comments to the Secretary by the deadline date for State comments. The procedures in §75.102 (b) and (d) (how to meet a deadline) of this part apply to this submission. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.159 Effect of State comments or failure to comment. (a) The Secretary considers those comments of the State that relate to: (1) Any selection criterion that applies under the program; or (2) Any other matter that affects the selection of projects for funding under the program. (b) If the State fails to comment on an application on or before the deadline date for the appropriate program, the State waives its right to comment. (c) If the applicant does not give the State an opportunity to comment, the Secretary does not select that project for a grant. (Authority: 20 U.S.C. 1221e-3 and 3474) DEVELOPMENT OF CURRICULA OR INSTRUCTIONAL MATERIALS §75.190 Consultation. Each applicant that intends to develop curricula or instructional materials under a grant is encouraged to assure that the curricula or materials will be developed in a manner conducive to dissemination, through continuing consultations with publishers, personnel of State and local educational agencies, teachers, administrators, community representatives, and other individuals experienced in dissemination. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.191 Consultation costs. An applicant may budget reasonable consultation fees or planning costs in connection with the development of curricula or instructional materials. (Authority: 20 U.S.C. 1221e-3 and 3474) §75.192 Dissemination. If an applicant proposes to publish and disseminate curricula or instructional materials under a grant, the applicant shall include an assurance in its application that the curricula or materials will reach the populations for which the curricula or materials were developed. (Authority: 20 U.S.C. 1221e-3 and 3474) Subpart D-How Grants Are Made SELECTION OF NEW PROJECTS (ii) Selection criteria in program-specific regulations. (iii) Selection criteria established under § 75.210. (iv) Any combination of criteria from paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) of this section. (4) The Secretary may award a cooperative agreement instead of a grant if the Secretary determines that substantial involvement between the Department and the recipient is necessary to carry out a collaborative project. (5) The Secretary uses the selection procedures in this subpart to select recipients of cooperative agreements. (c) Formula grant programs. (1) A formula grant program is one that entitles certain applicants to receive grants if they meet the requirements of the program. Applicants do not compete with each other for the funds, and each grant is either for a set amount or for an amount determined under a formula. (2) The Secretary applies the program statute and regulations to fund projects under a formula grant program. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27803, July 24, 1987; 57 FR 30338, July 8, 1992; 60 FR 63873, Dec. 12, 1995; 62 FR 10401, Mar. 6, 1997] 875.201 How the selection criteria will be used. (a) In the application package or a notice published in the FEDERAL REGISTER, the Secretary informs applicants of (1) The selection criteria chosen; and (2) The factors selected for considering the selection criteria, if any. (b) If points or weights are assigned to the selection criteria, the Secretary informs applicants in the application package or a notice published in the FEDERAL REGISTER of (1) The total possible score for all of the criteria for a program; and (2) The assigned weight or the maximum possible score for each criterion or factor under that criterion. (c) If no points or weights are assigned to the selection criteria and selected factors, the Secretary evaluates each criterion equally and, within each criterion, each factor equally. (Authority: 20 U.S.C. 1221e-3 and 3474) [62 FR 10401, Mar. 6, 1997] §§ 75.202-75.206 [Reserved] (iv) Other pre-award and post-award conditions; and (2) Assigning the maximum possible score for each of the criteria established under paragraph (a)(1) of this section. (b) The Secretary evaluates an application by determining how well the project proposed by the applicant meets each statutory provision selected under paragraph (a)(1) of this section. Example: If a program statute requires that each application address how the applicant will serve the needs of limited English proficient children, under §75.209 the Secretary could establish a criterion and evaluate applications based on how well the applicant's proposed project meets that statutory provision. The Secretary might decide to award up to 10 points for this criterion. Applicants who have the best proposals to serve the needs of limited English proficient children would score highest under the criterion in this example. (Authority: 20 U.S.C. 1221e-3 and 3474) [60 FR 63873, Dec. 12, 1995, as amended at 62 FR 10401, Mar. 6, 1997] |